CompFox AI Summary
Defendant filed a petition for removal challenging an order setting the matter for trial, also raising an issue of consolidation. The Workers' Compensation Appeals Board (WCAB) denied the petition for removal, affirming that removal is an extraordinary remedy. The Board emphasized that petitioner did not demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if an adverse final decision were to be issued. The WCAB noted that parties would have the opportunity to create a record and address consolidation during trial, thus making no judgment on consolidation at this stage due to the lack of a formal record.
Full Decision Text1 Pages
Defendant filed a petition for removal challenging an order setting the matter for trial, also raising an issue of consolidation. The Workers' Compensation Appeals Board (WCAB) denied the petition for removal, affirming that removal is an extraordinary remedy. The Board emphasized that petitioner did not demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if an adverse final decision were to be issued. The WCAB noted that parties would have the opportunity to create a record and address consolidation during trial, thus making no judgment on consolidation at this stage due to the lack of a formal record.
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